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Last Entry: November 04, 2020 at 05:16:00

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Sebok on Rhode Island Lead Paint Case - Part II

Posted on June 04, 2008
In his latest Findlaw column, Tony Sebok concludes his two-part series on the lead paint nuisance suits filed by the State of Rhode Island against the lead paint industry. Sebok focuses on two issues: (1) "why, contrary to the impression...


"Mass Torts Made Perfect"

Posted on June 04, 2008
Forbes reports on "Mass Torts Made Perfect," a "recent confab of plaintiff lawyers in Las Vegas." "Conference tickets costing up to $1,395 were sold to 315 lawyers and paralegals." The next conference will be held in October at the Bellagio...


Kentucky Kingdom: "Lessons Learned"

Posted on June 03, 2008
Kathy Fackler of SaferParks.org has an editorial about what she sees as the lessons learned from the Six Flags Kentucky Kingdom accident and the regulatory implications. Even if you're not interested in amusement safety as such, it's a good example...


Gottstein "Wouldn't Do It Again."

Posted on June 03, 2008
James Gottstein, who was part of the conduit of documents from David Egilman to the NYT and others, did an interview with Pharmalot, and says he was just dumb (his word), not intentionally violating a protective order. I have a...


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Lytton on Clergy Abuse Litigation

Posted on June 03, 2008
Professor Timothy Lytton (Albany) has published Holding Bishops Accountable: How Lawsuits Helped the Catholic Church Confront Clergy Sexual Abuse (Harvard University Press 2008), available here. The abstract (from SSRN) reads: The sexual abuse of children by Catholic clergy is arguably...


More on "Medical Apologies"

Posted on June 03, 2008
The "medical apology" has received a lot of attention lately. Yesterday at Overlawyered, Walter Olson quoted from this column by Michael O'Hare. Twenty-five years ago, O'Hare worked on a Massachusetts state commission charged with addressing medical malpractice...


Some Summer Reading

Posted on June 02, 2008
Sometime in the next few weeks, we'll hear the most recent ruling in the Exxon Valdez case. Want to seem really cool/mildly pathetic at your next summer party? Get up to speed on it thanks to the ScotusWiki. Good times....


Medical Malpractice Payment Disclosure in NC

Posted on May 31, 2008
The Raleigh News & Observer reports a controversy between the state medical board, which wants to provide limited information about medical malpractice payments online, and many physicians, who oppose the idea. --CJR


Kentucky Agriculture Department Issues Report on Tower Ride

Posted on May 30, 2008
Nearly a year after the original incident, the Kentucky Department of Agriculture has released a report [PDF] summarizing its investigation. Some quick initial reactions: The overall conclusion is that the agency can't pinpoint a single cause, but they focus on...


Blackwater's Suit Against Wiley Rein Dismissed

Posted on May 30, 2008
So says the Legal Times in this article. Bill has posted on this case on numerous occasions, the most recent of which is here (this post itself has further links). --CJR


Torts in the 100 Most Creative Moments in American Law

Posted on May 30, 2008
Robert F. Blomquist (Valparaiso) has posted Thinking About Law and Creativity: On the 100 Most Creative Moments in American Law. For the methodology and the entire list, the paper (pdf) is here. Some of the moments on the list affect...


How Tort Reform Affects Insurance Markets

Posted on May 30, 2008
Martin Grace (Georgia State-Insurance) & J. Tyler Leverty (Iowa-Business) have conducted a study entitled How Tort Reform Affects Insurance Markets (pdf). Here is the abstract: A critique of tort reform is that promised declines in insurance prices do not follow...


150K: Thanks.

Posted on May 29, 2008
Sometime in the last week or so, we hit our 150,000th visitor (we're over 220,000 page views) since January 2006, when the blog was launched. Thanks to all of you for visiting and to Sheila and Chris for joining the...


Sunshine in Litigation: Heritage Foundation's View

Posted on May 29, 2008
The Heritage Foundation (which has a pretty clunky logo, don't you think?) has posted a position paper on the "Sunshine in Litigation Act," which would make most settlement agreements public along with evidence obtained in discovery. The paper, not surprisingly,...


Blogs (Bill's)

Posted on May 29, 2008
Chris posts below about his regular-stop blogs, something I've been meaning to do for a while. So here's my list, not separated into torts and other subjects because, well, I'm lazy. They're roughly in the order I added them to...


Blogs

Posted on May 29, 2008
I recently noticed that I have a pattern of checking the same blogs (both torts and general-interest law). I'm sure most people do the same thing, and I enjoy those I read semi-regularly. However, I wonder if you can recommend...


No Cert Decision Yet In Philip Morris v. Williams II

Posted on May 28, 2008
No word yet in Philip Morris v. Williams, the Oregon punitive damages case upholding a 100 to 1 ratio despite remand from the U.S. Supreme Court. The petition for certiorari was distributed for discussion at the Justice's conference on May...


Frank Analyzes Obama's Tort Reform Record

Posted on May 28, 2008
In yesterday's Examiner, Ted Frank discussed Barack Obama's record on tort reform issues. Frank catalogs Obama's specific votes on tort reform legislation including CAFA, a medical malpractice reform bill, and an asbestos reform bill. (Via Overlawyered)...


Proposed Tainted Pet Food Settlement Includes Emotional Damages - Though Not In Those Words

Posted on May 27, 2008
About a year ago, the largest pet-food recall in history was prompted by the illness and death of thousands of cats and dogs. The illness was traced to tainted wheat gluten in the pet food. The Philadelphia Inquirer now reports...


Sebok on Rhode Island Lead Paint Case

Posted on May 27, 2008
In his latest Findlaw column, Tony Sebok discusses the lead paint nuisance suits filed by the State of Rhode Island against the lead paint industry. Sebok explains how the theory of public nuisance has been applied to lead paint contamination...


NYT on Medical Apologies

Posted on May 24, 2008
On Thursday, the New York Times published this laudatory editorial about the effects of apologies for medical errors. --CJR


The Privacy Torts

Posted on May 23, 2008
Local elected official is accused of rape. Local elected official resigns his office. Local elected official claims he can exonerate himself. Local elected official produces a videotape, surreptitiously taken, of the encounter in question. The videotape allegedly reveals a consensual...


Hylton on the Economics of Public Nuisance Law

Posted on May 23, 2008
Professor Keith Hylton (Boston) has posted The Economics of Public Nuisance Law and the New Enforcement Actions on SSRN. Here's the abstract: In contrast to the traditional legal commentary, I find nuisance law to be a coherent body of rules...


Oregon Amusement Park Cites Liability Insurance in Closing

Posted on May 22, 2008
Thrill-Ville USA, a small amusement park in Oregon, announced recently that it would not be opening this year, or likely ever at all. The park sits next to the owners' KOA campground, and the owners say in an AP story...


Good Samaritan Laws

Posted on May 22, 2008
I took a CPR course yesterday and was surprised to learn of the scope of many "Good Samaritan" laws (statutes passed to give some form of legal protection to emergency rescuers). I have always considered them solely in the context...


Rodwin & Frank Debate Malpractice Insurance Premiums Research

Posted on May 21, 2008
On Saturday, Chris posted Professor Marc Rodwin's new article "Malpractice Premiums in Massachusetts, A High-Risk State: 1975 to 2005." As Chris predicted, the article has promoted a hot debate. At Point of Law, Ted Frank criticized Rodwin's article, arguing that...


Sebok on Using Comparative Materials in a 1L Torts Class

Posted on May 21, 2008
Tony Sebok recently posted "Using Comparative Torts Materials To Teach First-Year Torts" on SSRN. The abstract provides: This article is based on a presentation at the Workshop on Integrating Transnational Legal Perspectives into the First Year Curriculum at the AALS...


Texas Reform Rules! Or Not! One of Those!

Posted on May 20, 2008
Brooks Schuelke, an Austin plaintiff's lawyer, has a post describing two almost simultaneous evaluations of Texas's medical malpractice liability reforms. The first, unsurprisingly positive, comes from one of the legislative architects of the reform, Joe Nixon, in a WSJ op-ed...


Global Warming Litigation

Posted on May 20, 2008
David Dana (Northwestern) recently posted "The Mismatch Between Public Nuisance Law and Global Warming" on SSRN. From the abstract: The federal courts using the common law method of case-by-case adjudication may have institutional advantages over the more political branches, such...


Becker & Posner on Consumer Protection

Posted on May 20, 2008
Over at the Becker-Posner Blog, Judge Posner and Professor Becker debate the necessity of government regulation to protect consumers. - SBS


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